Docket Report

We have record of the following docket entries for this case:

Date Filed

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Document Text

December 18, 2014

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (101 in 1:12-cv-06625-DLC) Notice of Appeal, filed by Dianne Young Erwin were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:11-md-02293-DLC et al. (tp)

December 18, 2014

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (85 in 1:11-cv-05896-DLC, 75 in 1:11-cv-08608-DLC, 75 in 1:11-cv-09561-DLC, 57 in 1:12-cv-00476-DLC, 78 in 1:11-cv-09565-DLC, 112 in 1:11-cv-05707-DLC, 79 in 1:11-cv-09563-DLC, 112 in 1:11-cv-05621-DLC, 66 in 1:11-cv-09567-DLC, 79 in 1:11-cv-09559-DLC, 85 in 1:11-cv-09566-DLC, 95 in 1:11-cv-05750-DLC, 87 in 1:11-cv-07507-DLC, 71 in 1:11-cv-08329-DLC, 84 in 1:11-cv-05976-DLC, 688 in 1:11-md-02293-DLC, 77 in 1:11-cv-07323-DLC, 114 in 1:11-cv-05576-DLC, 565 in 1:12-cv-03394-DLC-MHD, 96 in 1:11-cv-05609-DLC, 85 in 1:11-cv-09564-DLC, 71 in 1:11-cv-09562-DLC, 101 in 1:12-cv-06625-DLC, 479 in 1:12-cv-02826-DLC-MHD, 75 in 1:11-cv-09560-DLC, 90 in 1:11-cv-09014-DLC, 29 in 1:11-cv-09350-DLC, 127 in 1:11-cv-09016-DLC, 89 in 1:11-cv-06019-DLC, 82 in 1:11-cv-06079-DLC, 30 in 1:11-cv-09204-DLC, 78 in 1:11-cv-07534-DLC, 84 in 1:11-cv-05898-DLC) Notice of Appeal. Filed In Associated Cases: 1:11-md-02293-DLC et al. (tp)

NOTICE OF APPEAL from (685 in 1:11-md-02293-DLC) Order, (684 in 1:11-md-02293-DLC) Order. Document filed by Dianne Young Erwin. Filing fee $ 505.00, receipt number 0208-10421257. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A - Attorney Fee Award, # 2 Exhibit B - Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David)

ORDER: On October 15, 2014, the External Compliance Monitor (Monitor) submitted its second report. The Monitor submitted both an unredacted version and a copy of the report with redactions proposed by Apple. On October 15, Apple was ordered to provide the redacted materials to the plaintiffs by October 17 or explain why such disclosure should not be made. On October 17, Apple consented to the disclosure of the redacted materials to the plaintiffs. Having reviewed the proposed redactions, it is hereby ORDERED that the Monitors October 15 report may be filed in the public record with the proposed redactions. (Signed by Judge Denise L. Cote on 10/21/2014) (gr)

ENDORSED LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich re: Second Report of the External Compliance Monitor. ENDORSEMENT: Apple shall by October 17 consent to providing the redacted material, including exhibits, to the plaintiffs or explain in a letter to the Court, not filed on ECF, why such disclosure should not be made. (Signed by Judge Denise L. Cote on 10/15/2014) (gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT CORRECTED proceeding held on 5/9/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

May 22, 2014

467

TRANSCRIPT of Proceedings re: ARGUMENT CORRECTED held on 5/9/2014 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/9/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

May 22, 2014

465

TRANSCRIPT of Proceedings re: ARGUMENT held on 5/9/2014 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari)

ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned actions for FRIDAY, MAY 9, 2014, at 2:30 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Status Conference set for 5/9/2014 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 5/5/2014) Copies Faxed By Chambers. (mro)

ORDER of USCA (Certified Copy) as to 381 Notice of Appeal, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 379 Notice of Appeal, filed by Apple, Inc., 439 Notice of Appeal filed by Apple, Inc., 380 Notice of Appeal filed by Simon & Schuster, Inc. USCA Case Number 13-3741(L). Apple Inc. has filed an emergency motion seeking a stay of class notification and a stay of the damages trial that is scheduled to commence in July 2014, pending appeal. Apple also requests an administrative stay of the class notification (scheduled to commence on April 28, 2014) while the Court determines the request for a stay pending appeal. IT IS ORDERED that the request for a stay of class notification and for a stay of the damages trial, pending appeal, is hereby REFERRED to a three-judge panel. IT IS FURTHER ORDERED that the request for an administrative stay of the class notification (scheduled to commence on April 28, 2014) is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/25/2014. (nd)

LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 4/14/2014 re: Apple has represented to us this morning that it is seeking no redactions in the report we submitted to chambers earlier this morning. In light of this Court's April 14, 2014 Order, Apple's representation, and the fact that I am not a party to this matter, I respectfully request that the Court place the report filed with chambers this morning on the public docket. The Parties in this matter are copies on this letter. (gr)

LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 4/14/2014 re: Pursuant to Section VI.C of the September 5, 2013 Final Judgment and Order Entering Permanent Injunction in the above-captioned matter, I am both electronically transmitting and hand-delivering our first report. The Parties in this matter are copied on this letter and receiving the report electronically today. (gr)

ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 4/11/2014 re: Pursuant to the Court's instructions, the parties have conferred regarding whether the External Compliance Monitor's report should be made public and present their respective positions.... ENDORSEMENT: The Monitor shall publicly file the report in redacted form and provide the unredacted report to the Court with a copy indicating the material redacted at Apple's request. If the Court determines that addiitonal passages in the report should be made public, the parties will have an opportunity to be heard first. (Signed by Judge Denise L. Cote on 4/14/2014) (gr)

LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 4/11/2014 re: Pursuant to Section VI,C of the September 5, 2013 Final Judgment and Order Entering Permanent Injunction in the above-captioned matter, I have prepared a report to be filed with the Court on Monday, April 14, 2014. This letter seeks guidance with respect to the method of filing the report. Please advise if the report should be filed under seal or in some other fashion. The Parties in this matter are copied on this letter. (gr)

OPINION AND ORDER: Plaintiffs October 11, 2013 motion for class certification is granted; Apples November 15, 2013 motion to exclude Nolls opinions is denied; and plaintiffs January 27, 2014 request to strike portions of Apples sur-reply memorandum of law in opposition to plaintiffs motion for class certification and the sur-reply declarations of Kalt and Orszag is granted in part. (Signed by Judge Denise L. Cote on 3/28/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al.(gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/5/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

March 13, 2014

450

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/5/2014 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2014. Redacted Transcript Deadline set for 4/17/2014. Release of Transcript Restriction set for 6/16/2014.(Rodriguez, Somari)

ORDER. It is hereby ORDERED that the conference previously scheduled for March 3, 2014 has been rescheduled in the above-captioned actions for WEDNESDAY, MARCH 5, 2014, at 3:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312, and as further set forth. (Conference set for 3/5/2014 at 03:00 PM in Courtroom 17D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 2/28/2014) Copies Faxed By Chambers. (rjm)

ORDER that Apple shall follow the procedures outlined in the February 19 Order in making its document production, including the dispute resolution procedures. (Signed by Judge Denise L. Cote on 2/20/2014) (pg)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Monitorship issues. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Denise L. Cote on 2/19/2014) (lmb)

ORDER:On February 10, 2014, the Court of Appeals for the Second Circuit denied Apples appeal from this Courts rejection of its motion to stay the monitorship. By letter of February 18, the Monitor advises the Court that he wrote to Apple on February 11 on various topics, and that Apples counsel has proposed a meeting during the week of March 3. The Monitor asks that the Court schedule periodic status conferences. It is hereby ORDERED that Apple shall provide to the Monitor on a rolling basis, with final production being made no later than February 26, the documents the Monitor has requested, including those the Monitor requested in October, as well as any additional documents that Apple wishes the Monitor to review. With respect to any documents which the Monitor requested for the first time on February 11, should Apple believe that any of those documents should not be provided to him, it shall promptly discuss the issue with him, and if they are unable to resolve the issue, the Monitor and Apple shall discuss the issue with the DOJ. If those discussions are not successful in resolving the dispute, the parties and/or Monitor should promptly submit the issue to the Court in a letter no longer than two pages. Every effort should be made to provide the Monitor with all documents well in advance of his meeting with Apple, which is scheduled to occur during the week of March 3. IT IS FURTHER ORDERED that the request for periodic status conferences is denied at this time. The Monitor or the parties may renew this request. IT IS FURTHER ORDERED that this matter is referred to Magistrate Judge Dolinger to resolve any disputes that arise in connection with the monitorship, subject to appeal to this Court. IT IS FURTHER ORDERED that the parties and the Monitor shall promptly contact Magistrate Judge Dolinger to schedule a conference before him to take place during the week of either March 3 or March 10. Should the parties resolve all disputes and have no need for his services, they may cancel the conference. IT IS FURTHER ORDERED that, in the event the parties or the Monitor wish to appeal from any ruling by Magistrate Judge Dolinger, any one of them shall promptly submit to this Court a letter no longer than two pages notifying the Court of the dispute. The Court shall promptly arrange a conference at which all parties and the Monitor will be given an opportunity to be heard, or if appropriate, shall promptly rule on the dispute through the issuance of an Order. (Signed by Judge Denise L. Cote on 2/19/2014) (gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 1/13/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

January 29, 2014

441

TRANSCRIPT of Proceedings re: ARGUMENT held on 1/13/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2014. Redacted Transcript Deadline set for 3/6/2014. Release of Transcript Restriction set for 5/2/2014.(McGuirk, Kelly)

ORDER of USCA (Certified Copy) as to 439 Notice of Appeal filed by Apple, Inc. USCA Case Number 14-0060-cv. Appellant moves for (1) a stay of that portion of the district court's injunction entered on September 5, 2013 that imposes an external compliance monitor, pending appeal of the district court's judgment as well as its denial of objections to the external compliance monitor's conduct, and (2) for an administrative stay pending the Court's adjudication of this motion. The Government opposes the request for a stay pending appeal, but does not oppose the request for an administrative stay.IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to a three-judge motions panel and shall be heard as soon as possible. IT IS FURTHER ORDERED that an administrative stay of the district court's order is granted until the motion for stay pending appeal is determined by the motions panel. The Government's opposition to the motion for a stay pending appeal must be filed by close of business on Friday, January 24, 2014. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 1/21/204. Certified: 1/21/2014. (nd)

January 17, 2014

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for 439 Notice of Appeal filed by Apple, Inc. were transmitted to the U.S. Court of Appeals. (tp)

January 17, 2014

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 439 Notice of Appeal. (tp)

NOTICE OF APPEAL from 437 Memorandum & Opinion,,. Document filed by Apple, Inc.. Filing fee $ 505.00, receipt number 0208-9269803. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boutrous, Theodore)

ORDER. This Court's ECF system being out of operation, today's Opinion and Order was emailed to the parties at 9:47 a.m., and filed as soon as possible after the ECF system became operational. It is hereby ORDERED that, should Apple wish to appeal, it file a notice of appeal forthwith. (Signed by Judge Denise L. Cote on 1/16/2014) (gr)

OPINION AND ORDER 103897. Apple's motion to suspend operation of Section VI of the Injunction because the Monitor must be disqualified, or on any other grounds preserved and argued to this Court is denied. Apple's motion for a stay of this ruling pending its appeal to the Second Circuit is denied with the following exception. Apple is granted a stay of Section VI of the Injunction from the filing of this Opinion until Tuesday, January 21, 2014, at noon, in order to pursue an appeal of this Opinion and Order denying a stay, on the condition that Apple file its motion for a stay by Saturday, January 18, 2014 at noon. (Signed by Judge Denise L. Cote on 1/16/2014) (gr) Modified on 1/28/2014 (nt).

SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 416 Order,,,,,, Plaintiffs' Sur-Reply in Opposition to Apple Inc.'s Motion to Show Cause for a Stay of the Injunction Pending Appeal. Document filed by United States of America. (Buterman, Lawrence)

ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 1/8/2014 re: Request that Apple's reply brief should be stricken, and that Apple be ordered to submit a reply that comports with this Court's Individual Practices and all applicable Rules. ENDORSEMENT: The parties are reminded to comply with this Court's Individual Practices or to seek prior approval for a departure. The request to strike is denied. If the plaintiffs seek to file a sur-reply to address new arguments that appear in the reply, they may do so by Saturday, January 11 at noon. (Signed by Judge Denise L. Cote on 1/8/2014) (gr)

MEMORANDUM OF LAW in Opposition re: 416 Order,,,,,, Plaintiffs' Memorandum of Law in Opposition to Apple Inc.'s Motion to Show Cause for a Stay of the Injunction Pending Appeal. Document filed by United States of America. (Buterman, Lawrence)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/13/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

December 23, 2013

421

TRANSCRIPT of Proceedings re: CONFERENCE held on 12/13/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/16/2014. Redacted Transcript Deadline set for 1/27/2014. Release of Transcript Restriction set for 3/27/2014.(Rodriguez, Somari)

MEMORANDUM OF LAW in Support re: 416 Order,,,,,, / DEFENDANT APPLE INC.'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION BY ORDER TO SHOW CAUSE FOR A STAY OF THE INJUNCTION PENDING APPEAL. Document filed by Apple, Inc.. (Boutrous, Theodore)

ORDER....On December 13, Apple filed a motion (December 13 Motion) by order to show cause for a stay of the Injunction pending appeal to the Second Circuit. DOJ submitted a responsive letter that same day. Also on December 13, the Court held a telephone conference on the record with Apple, DOJ, and the Plaintiff States present, in order to schedule briefing on Apples Motion. In that conference, the Court reminded the parties that the Injunction had not been modified, and stated that the term ex parte, as used in the Courts proposal with respect to communications between the Monitor and Apple did not mean un-counseled, but rather carried the ordinary meaning of ex parte, i.e., that DOJ and/or the Plaintiff States need not be present during any communication between the Monitor and Apple, and that Apple need not be present for any communication between Monitor and DOJ and/or the Plaintiff States. Apple was given the opportunity to amend its motion in light of these statements. It declined to do so. Accordingly, it is herebyORDERED that DOJ and the Plaintiff States opposition to Apples December 13 Motion is due by December 30, 2013. Apples reply, if any, is due by January 7, 2014. IT IS FURTHER ORDERED that at the time any pleading is served, the party submitting the pleading shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 12/13/2013) (gr)

ORDER. On September 5, 2013, a permanent injunction was entered in these two actions (Injunction). Among other things, the Injunction created the position of an External Compliance Monitor (Monitor) with the duties described in Section VI of the Injunction. The Injunction permitted Apple to object to any candidate for the Monitorship proposed by the Department of Justice and the Plaintiff States and required Apple to reimburse the candidates for reasonable expenses incurred by the candidates in connection with travel undertaken for interviews of the candidates by the United States and the Court. Through an Order of October 16, the Court advised the parties that it had interviewed the two candidates whose names had been submitted by the Department of Justice and the Plaintiff States, and had appointed Michael Bromwich as the Monitor, to be assisted by Bernard Nigro. Since the issuance of the Order of October 16, neither Apple, the Monitor, nor the Department of Justice and Plaintiff States have informed the Court about the work of the Monitor or of any problems associated with that work. There has been no ex parte communication between the Court and the Monitor or between the Court and any of the parties about these issues. In an Order of November 20, the parties were asked to submit any objection by November 27 to amendments to the Injunction described in the November 20 Order. In a submission of November 27 Apple objects to that provision in the November 20 Order that would allow the Monitor to provide the Court with ex parte oral briefings about the monitorship. Apple having objected, the Court will not receive ex parte briefings or reports from the Monitor about his work. Through its November 27 submission, Apple offers other objections as well. It objects to the Monitors performance of his duties to date and to his fee structure for this undertaking. These are matters of which neither the parties not the Monitor had previously advised the Court. In Section VI.H., the Injunction describes the process through which Apple shall make any objections to the actions by the Monitor. Objections are to be conveyed in writing to the United States and the Plaintiff States within ten calendar days after the action giving rise to the objection. Section VI.I. of the Injunction provides that the Monitor shall serve on such terms and conditions as the United States, after consultation with the Plaintiff States, approves. Any compensation shall be on reasonable and customary terms. Accordingly, it is hereby ORDERED that there shall be no ex parte communication by the Monitor with the Court regarding the performance of his duties as Monitor. IT IS FURTHER ORDERED that Apple shall follow the procedure created by Section VI.H. if it has any objections regarding the Monitor which it is unable to resolve through discussions with the Monitor. To the extent it has any objections about the Monitors fee structure, Apple shall use the procedure created by Section VI.H. to address that issue as well.IT IS FURTHER ORDERED that, in the event timely objection is made by Apple to the Department of Justice and the Plaintiff States, and the parties are unable to resolve the issue, any party may seek a conference with the Court through a letter no longer than two pages. The Court will promptly schedule a conference to give all parties, and if appropriate the Monitor, an opportunity to be heard on the matter. (Signed by Judge Denise L. Cote on 12/2/2013) (gr)

ORDER. Notice is hereby given of the following proposed amendment to the October 16, 2013 Order appointing Michael Bromwich as the External Monitor (Monitor) provided for in Section VI of the September 5, 2013 Order Entering Permanent Injunction in this case. Pursuant to Federal Rule of Civil Procedure 53(b)(4), the amendment is proposed as follows (See Order). It is hereby ORDERED that any objection to the terms of the above proposed amendment to the October 16, 2013 Order appointing Michael Bromwich as Monitor is due by November 27, 2013. (Signed by Judge Denise L. Cote on 11/20/2013) (gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/19/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

408

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/19/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

406

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/18/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/17/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

404

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/17/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/13/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

402

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/13/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/12/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

400

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/12/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/11/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

398

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/11/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/10/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

396

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/10/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/6/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

394

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/6/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/5/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

392

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/5/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

390

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/4/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRIAL proceeding held on 6/3/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

November 18, 2013

388

TRANSCRIPT of Proceedings re: CORRECTED TRIAL held on 6/3/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/21/2014.(McGuirk, Kelly)

October 30, 2013

First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 382 Order, 384 Order, 387 Endorsed Letter, 385 Letter, filed by Apple, Inc., 383 Order, 386 Stipulation and Order USCA Case Number 13-3748, were transmitted to the U.S. Court of Appeals. (tp)

ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 10/25/2013 re: The trial transcript in the above-entitled matters contain several formatting errors. We are requesting that the court reporters implement the edits listed in the attached document at their earliest convenience. All parties consent to these changes. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 10/29/2013) (gr)

ORDER. On September 30, 2013, the Department of Justice and the Plaintiff States submitted for consideration the names of two well-qualified candidates to serve as the External Monitor (Monitor) provided for in Section VI of the September 5 Order Entering Permanent Injunction in this case. Having interviewed both candidates, it is clear that either one is capable of doing an exceptional job as Monitor. The Court is grateful to both candidates for their commitment to public service and for taking time to travel and interview with DOJ and the Court. It is hereby ORDERED that Michael Bromwich is appointed as Monitor. IT IS FURTHER ORDERED that Bernard A. Nigro will assist Mr. Bromwich in discharging his responsibilities. (Signed by Judge Denise L. Cote on 10/16/2013) (gr)

NOTICE OF APPEAL from 374 Order,,,,,,,. Document filed by Simon & Schuster, Inc.. Filing fee $ 455.00, receipt number 0208-8939560. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James)

NOTICE OF APPEAL from 326 Memorandum & Opinion, 374 Order,,,,,,,. Document filed by Apple, Inc.. Filing fee $ 455.00, receipt number 0208-8937011. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Snyder, Orin)

ORDER. On September 26, 2013, the Department of Justice (DOJ) contacted the Court via telephone to seek guidance, on behalf of itself and Plaintiff States, as to the form of its submission recommending one or more persons to serve as External Compliance Monitor (Monitor), pursuant to Section VI of the September 5 Order Entering Permanent Injunction. It is hereby ordered:To the extent that DOJ and Plaintiff States are jointly recommending more than one person to serve as Monitor, the submission shall be made in camera. Any objection to said persons by Apple shall be made in camera. Notwithstanding the in camera nature of the submissions, the parties shall make timely service of all filings on each other. (Signed by Judge Denise L. Cote on 9/27/2013) (gr)

ORDER. Defendant Apple presented three e-reader devices to the Court as exhibits in connection with the parties' pre-trial filings of April 26, 2013. The Court having entered final judgment as to Apple on September 5, it is hereby ORDERED that Apple shall retrieve the e-reader exhibits from the Court by September 27, 2013. (Signed by Judge Denise L. Cote on 9/19/2013) (gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/5/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

September 16, 2013

375

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/5/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2013. Redacted Transcript Deadline set for 10/21/2013. Release of Transcript Restriction set for 12/19/2013.(Rodriguez, Somari)

PLAINTIFF UNITED STATES FINAL JUDGMENT AND PLAINTIFF STATES ORDER ENTERING PERMANENT INJUNCTION: This Final Judgment applies to Apple and each of its affiliates, subsidiaries, officers, directors, agents, employees, successors, and assigns, to any successor to any substantial part of the business, and to all other Persons acting in concert with Apple and having actual notice of this Final Judgment. On or before the Effective Date of this Final Judgment, Apple shall either modify any Agency Agreement with a Publisher Defendant to comply with Section III.C of this Final Judgment or terminate any Agency Agreement with a Publisher Defendant that does not comply with Section III. C of this Final Judgment.To ensure its compliance with this Final Judgment and the antitrust laws, Apple shall perform the activities enumerated below in Sections V.A through V.J of this Final Judgment. Within thirty days after the Effective Date of this Final Judgment, Apple's Audit Committee, or another committee comprised entirely of outside directors (i.e., directors not also employed by Apple), shall designate a person not employed by Apple as of the Effective Date of the Final Judgment to serve as Antitrust Compliance Officer, who shall report to the Audit Committee or equivalent committee of Apple's Board of Directors and shall be responsible, on a full-time basis until the expiration of this Final Judgment, for supervising Apple's antitrust compliance efforts and performance of the following. This Final Judgment shall take effect 30 days after the date on which it is entered.If the Final Judgment is stayed, all time periods in the Final Judgment will be tolled during the stay. All other provisions as further set forth in this order (Signed by Judge Denise L. Cote on 9/5/2013) (js) Modified on 9/6/2013 (js).

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/27/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

September 5, 2013

371

TRANSCRIPT of Proceedings re: ARGUMENT held on 8/27/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/30/2013. Redacted Transcript Deadline set for 10/10/2013. Release of Transcript Restriction set for 12/9/2013.(Rodriguez, Somari)

LETTER addressed to Judge Cote from Orin Snyder dated 8/23/2013 re: Pursuant to this Court's August 12 order, Apple submits its position on the scope of the injunction. Document filed by Apple, Inc. (Attachments: # 1 Exhibit A. Proposed Form of Final Judgment and Proposed Form of Order Entering Permanent Injunction, # 2 Exhibit B. August 19, 2013 Letter from Orin Snyder to Lawrence Buterman)(gr)

LETTER addressed to Judge Cote from Lawrence E. Buterman dated 8/24/2013 re: We write in response to Apple's letter of August 23 regarding Plaintiffs' Memorandum of Law in Support of Plaintiffs' Revised Proposed Injunction. Document filed by Unites States of America.(gr)

ENDORSED LETTER addressed to Judge Cote from Orin Snyder dated 8/23/2013 re: Apple writes to request that this Court order plaintiffs to withdraw the 12-page brief they filed this morning and instead "submit [a] letter concerning [their] positions on the scope of the injunction," as this Court ordered on August 13. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 8/26/2013) (gr)

ORDER. To assist the Court's consideration of the proposals submitted by the parties, it is hereby ORDERED that Apply shall submit the following two documents by August 26, 2013 at 10:00 a.m.: 1) a red-lined version of the Plaintiffs' Revised Injunction striking any language to which Apple objects; and 2)in the event the Court adopts each of the plaintiffs' substantive requests, a second red-lined version of the Plaintiffs' Revised Injunction providing alternative language that Apple wishes the Court to consider when granting those requests. (Signed by Judge Denise L. Cote on 8/23/2013) (gr)

MEMORANDUM OF LAW in Support of Plaintiffs' Revised Proposed Injunction. Document filed by Unites States of America. (Buterman, Lawrence)

August 23, 2013

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 360 HAS BEEN REJECTED. Note to Attorney Orin Snyder : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)

August 23, 2013

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Lawrence Edward Buterman to RE-FILE Document 359 Brief. Use the event type Memorandum of Law in Support(non-motion) found under the event list Other Answers.***NOTE:Attachment#1 Declaration of Lawrence E. Buterman must be filed individually. Separate docket entry. (ka)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

August 22, 2013

356

TRANSCRIPT of Proceedings re: ARGUMENT held on 8/9/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2013. Redacted Transcript Deadline set for 9/26/2013. Release of Transcript Restriction set for 11/25/2013.(Rodriguez, Somari)

SCHEDULING ORDER: Parties shall provide notice to each other by August 23,2013 of all remaining fact discovery they wish to conduct. Expert Discovery due by 12/13/2013. The following motions will be served by the dates indicatedbelow. Any motion for class certification: Motion served by October 11, 2013. Opposition served by November 15, 2013. Reply served by December 13, 2013. Any motion for summary judgment: Motion served by January 24, 2014. Opposition served by February 14, 2014. Reply served by February 28, 2014. Joint Pretrial Order due by 4/11/2014. The case is placed on the May 2014 trial ready calendar. (Signed by Judge Denise L. Cote on 8/13/2013)Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc)

ENDORSED LETTER addressed Judge Cote from Orin Snyder dated 8/12/2013 re: On behalf of all parties to the above-captioned cases, we respectfully submit this letter to request that the Court hold its next conference with respect to the injunction to be entered on August 27, 2013 at 2 p.m....The parties further propose that they submit letters concerning their respective positions on the scope of the injunction by August 23, 2013 at 10:00 a.m. ENDORSEMENT: Approved. ( Pretrial Conference set for 8/27/2013 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 8/13/2013) (gr)

ORDER: granting 285 Motion for Entry of Judgment under Rule 54(b). ORDERED that the Government's June 12, 2013 motion for entry of the proposed Macmillan Final Judgment is granted. (Signed by Judge Denise L. Cote on 8/12/2013) (djc)

ENDORSED LETTER addressed to Judge Denise L. Cote from Robert B. Bell dated 8/8/2013 re: We believe that Kobo satisfies the relevant standards for independence of an amicus curiae. Random House and Kobo have different business interests, are taking different but not inconsistent positions with respect to the proposed relief, and are commenting on different sections of the proposed relief. We respectfully request that you reaffirm your ruling from earlier today permitting us to file an amicus brief on behalf of Kobo. ENDORSEMENT: With the understanding that both clients consent and that their positions are not inconsistent, this application is granted. (Signed by Judge Denise L. Cote on 8/8/2013) (djc) Modified on 8/9/2013 (djc).

MEMORANDUM OF LAW in Support re: 345 MOTION for Leave to File An Amicus Curiae Brief In Support of Proposed Final Judgment.. Document filed by Kobo Inc.. (Attachments: # 1 Certificate of Service)(Wallance, Gregory)

LETTER addressed to Judge Cote from United States of America (Lawrence Buterman) dated 8/8/2013 re: We write in response to the August 7, 2013 joint submission by the Publisher Defendants opposing Sections III.C and IV.A of Plaintiffs' Proposed Final Judgment. Document filed by United States of America. (cr)

LETTER addressed to Judge Cote from Apple Inc. (Orin Snyder) dated 8/8/2013. Document filed by Apple, Inc. Apple respectfully submits its response to this Court's August 5, 2013 Order, and sets forth a list of examples, without prejudice to arguments it may raise on appeal, of evidence that was 'improperly admitted, excluded, or disregarded' before or at trial. (cr)

LETTER addressed to Judge Cote from Orin Snyder dated 8/7/2013 re: On behalf of Apple, we write in response to the August 5, 2013 letter submitted by the Department of Justice opposing Apple's request for a stay of further proceedings. Document filed by Apple, Inc..(gr)

LETTER addressed to Judge Cote from Lawrence E. Buterman dated 8/5/2013 re: Plaintiff in the law enforcement action write to state their opposition to Apple's requesting a stay of injunctive relief in the United States' and Plaintiffs' recently tried action ("law enforcement action"). (gr)

ENDORSED LETTER addressed to Judge Cote from Robert B. Bell dated 8/7/2013 re: We request your permission to file a very short amicus curiae brief in support of the U.S. Department of Justice's request for final relief in this case, on behalf of Kobo, Inc., an e-book retailer. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/8/2013) (gr)

ORDER. IT IS HEREBY ORDERED that Apply shall submit a letter to the Court by August 8 at 10:00 a.m. identifying the evidence it believes was "improperly admitted, excluded, or disregarded." (Signed by Judge Denise L. Cote on 8/5/2013) (gr)

RESPONSE re: 329 Brief APPLE INC.S MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF UNITED STATES PROPOSED FINAL JUDGMENT AND PLAINTIFF STATES PROPOSED ORDER ENTERING PERMANENT INJUNCTION. Document filed by Apple, Inc.. (Snyder, Orin)

MANDATE of USCA (Certified Copy) USCA Case Number 13-1744. In light of the Petitioner's letter dated May 22, 2013, IT IS HEREBY ORDERED that the petition for writ of mandamus is deemed withdrawn. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/11/2013. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(nd)

ORDER: the Plaintiffs shall serve a proposed injunction on Apple by July 19, 2013. The parties shall submit to the Court by August 2, 2013 any joint or separate submissions with respect to the proposed injunction.IT IS FURTHER ORDERED that a conference shall be held in these actions on August 9, 2013 at 3:30 p.m. In preparation for that conference, the parties shall submit to the Court by August 2, 2013 joint or separate proposals as to completion of discovery and a schedule for any trial on damages. IT IS FURTHER ORDERED that the parties are instructed to contact the chambers of Judge Wood promptly in order to pursue settlement discussions under her supervision. Pretrial Conference set for 8/9/2013 at 03:30 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/10/2013) (gr)

OPINION & ORDER: #103370 Based on the trial record, and for the reasons stated herein, this Court finds by a preponderance of the evidence that Apple conspired to restrain trade in violation of Section 1 of the Sherman Act and relevant state statutes to the extent those laws are congruent with Section 1. A scheduling order will follow regarding the Plaintiffs request for injunctive relief and damages. (Signed by Judge Denise L. Cote on 7/10/2013) (gr) Modified on 7/19/2013 (jab).

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/20/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

324

TRANSCRIPT of Proceedings re: TRIAL held on 6/20/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/19/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

322

TRANSCRIPT of Proceedings re: TRIAL held on 6/19/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/18/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

320

TRANSCRIPT of Proceedings re: TRIAL held on 6/18/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/17/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

318

TRANSCRIPT of Proceedings re: TRIAL held on 6/17/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/13/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

316

TRANSCRIPT of Proceedings re: TRIAL held on 6/13/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

314

TRANSCRIPT of Proceedings re: TRIAL held on 6/12/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL CORRECTED proceeding held on 6/12/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

312

TRANSCRIPT of Proceedings re: TRIAL CORRECTED held on 6/12/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/11/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

310

TRANSCRIPT of Proceedings re: TRIAL held on 6/11/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/10/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

308

TRANSCRIPT of Proceedings re: TRIAL held on 6/10/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/6/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

306

TRANSCRIPT of Proceedings re: TRIAL held on 6/6/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/5/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

304

TRANSCRIPT of Proceedings re: TRIAL held on 6/5/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/4/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

302

TRANSCRIPT of Proceedings re: TRIAL held on 6/4/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/3/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 1, 2013

300

TRANSCRIPT of Proceedings re: TRIAL held on 6/3/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2013. Redacted Transcript Deadline set for 8/5/2013. Release of Transcript Restriction set for 10/3/2013.(McGuirk, Kelly)

LETTER addressed to Judge Cote from Daniel G. Swanson dated 6/17/2013 re: During proceedings on June 10, 2013, the Court instructed the parties to confer as to whether the following underscored sentence of Dr. Burtis's revised testimony constitutes a new opinion, not previously disclosed. Document filed by Apple, Inc.(gr)

LETTER addressed to Judge Cote from Michael E. Kipling dated 6/10/2013 re: Amazon respectfully requests that the Court redact from the public file portions of two exhibits that were prepared by Plaintiff's experts. (gr)

LETTER addressed to Judge Cote from Jonathan M. Jacobson dated 6/3/2013 re: We represent Google Inc., a non-party in these cases. Pursuant to the Court's direction this morning, the parties have advised Google of the trial exhibits containing highly confidential Google material that they plan actually to offer at trial. (gr)

LETTER addressed to Judge Cote from Amanda C. Croushore dated 6/4/2013 re: We represent non-party Random House, Inc. in connection with the referenced action. With your Honor's permission, as directed in court this morning, we respectfully submit this letter to explain Random House's position regarding the confidentiality of one Random House document (RH-USOD-00017229) that the Government has informed us it intends to use as an exhibit at trial. (gr)

LETTER addressed to Judge Cote from Daniel G. Swanson dated 6/9/2013 re: We write to address the States' requested relief in this case. The Court has ruled that the current bench trial "would address issues of liability and injunctive relief" only, and "clarified on two occasions that there would be a separate trial to determine any damages amount." Document filed by Apple, Inc..(gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 5/31/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

June 18, 2013

288

TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 5/31/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2013. Redacted Transcript Deadline set for 7/22/2013. Release of Transcript Restriction set for 9/19/2013.(McGuirk, Kelly)

STIPULATION. The following documents marked for identification with the numbers identified in the Stipulation may, with the Court's permission be admitted into evidence. So Ordered. (Signed by Judge Denise L. Cote on 6/12/2013) (gr)

Letter addressed to Judge Cote from Orin Snyder dated 6/2/2013 re: We expect plaintiffs will seek to introduce into evidence a 2/23/2011 email from Mr. David Shanks, CEO of Penguin, Inc., to Mike Bryan of Penguin, which plaintiffs claimed in their pre-trial breifs is "direct evidence" that Apple participated in a conspiracy. Pl. Br. 26; Pl. Opp. Br. 8. Mr. Shanks is set to testify on the first few days of trial, and we write to object to admission of the email as inadmissible hearsay. Fed.R.Evid. 801(c). Document filed by Apple, Inc..(gr)

Letter addressed to Judge Cote from Orin Snyder dated 6/2/2013 re: We respectfully submit this letter in response to the letter from the Plaintiffs dated June 1, 2013 relating to the admission of documentary evidence. Document filed by Apple, Inc.(gr)

Letter addressed to Judge Cote from Mark W. Ryan dated 6/1/2013 re: We write to bring to the Court's attention two issues in advance of trial opening on Monday: (1) the admission into evidence of documents to which no party has objected; and (2) Apple's continuing Fed.R.Evid. 901 objections to a significant number of documents. Document filed by United States of America.(gr)

Letter addressed to Judge Cote from Lawrence E. Buterman dated 6/1/2013 re: We write in response to Apple's letter from May 31, regarding Mr. Cue's appearance at trial. Document filed by United States of America.(gr)

Letter addressed to Judge Cote from Orrin Snyder dated 5/31/2013 re: We respectfully write to request that Your Honor permit Eddy Cue, Apple's Senior Vice President of Internet Software and Services, to testify at the trial on June 13 so that he may attend Apple's 2013 Worldwide Developer Conference ("WWDC"). Document filed by Apple, Inc.(gr)

Letter addressed to Judge Cote from Lawrence E. Buterman dated 5/31/2013 re: We have reviewed the revised expert affidavits of Dr. Michelle Burtis and Dr. Kevin Murphy that Apple submitted to the Court last evening, and write to provide the Court with our objections to certain portions of those affidavits that do not comport with this Court's rulings on Plaintiffs' motions in limine. Document filed by Unites States of America.(gr)

Letter addressed to Judge Cote from Orrin Snyder dated 5/31/2013 re: We have reviewed the revised expert declaration of Dr. Baker that the Plaintiff States submitted to the Court yesterday. We write to provide the Court with our objections to certain portions of this revised testimony thata fail to comply with the Court's ruling and continue to run counter to the holdings of other courts. Document filed by Apple, Inc.(gr)

STIPULATION that the following documents marked for identification with the numbers identified below, and to which Apple objected only under Fed.R.Evid. 901, may, with the Court's permission be admitted into evidence. (See Stipulation) (Signed by Judge Denise L. Cote on 6/5/2013) (gr)

STIPULATION AND ORDER: IT IS HEREY STIPULATED AND AGREED, by and between the undersigned attorneys for the United States, the Plaintiff States, and Apple Inc. that no party has raised any objections concerning the admissibility of any of the documents marked for identification with the numbers identified below and that each of the exhibits may, with the Court's permission, be admitted into evidence as further set forth in this order. (Signed by Judge Denise L. Cote on 6/4/2013) (lmb)

MEMORANDUM OF LAW in Opposition re: 269 MOTION for Reconsideration re; 262 Order on Motion in Limine,,,,, Apple Inc.'s Notice of Motion for Reconsideration of the Court's Rulings Excluding Portions of Dr. Murphy's and Dr. Burtis's Expert Testimony. MOTION for Reconsideration re; 262 Order on Motion in Limine,,,,, Apple Inc.'s Notice of Motion for Reconsideration of the Court's Rulings Excluding Portions of Dr. Murphy's and Dr. Burtis's Expert Testimony.. Document filed by Unites States of America. (Fairchild, Stephen)

MEMORANDUM OF LAW in Support re: 269 MOTION for Reconsideration re; 262 Order on Motion in Limine,,,,, Apple Inc.'s Notice of Motion for Reconsideration of the Court's Rulings Excluding Portions of Dr. Murphy's and Dr. Burtis's Expert Testimony. MOTION for Reconsideration re; 262 Order on Motion in Limine,,,,, Apple Inc.'s Notice of Motion for Reconsideration of the Court's Rulings Excluding Portions of Dr. Murphy's and Dr. Burtis's Expert Testimony.. Document filed by Apple, Inc.. (Snyder, Orin)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/8/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

May 31, 2013

267

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/8/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013.(Rodriguez, Somari)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

May 31, 2013

265

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/23/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Joanne Mancari, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013.(Rodriguez, Somari)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/16/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

May 31, 2013

263

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/16/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013.(Rodriguez, Somari)

ORDER denying 246 Motion in Limine; granting in part and denying in part 234 Motion in Limine; granting 235 Motion in Limine. IT IS FURTHER ORDERED that each side shall have 29 hours to present its case at trial, excluding summation. Summations shall occur on Thursday, June 20, 2013.. (Signed by Judge Denise L. Cote on 5/24/2013) (gr)

ENDORSED LETTER addressed to Judge Cote from Mark Ryan, Counsel for the United States dated 5/22/2013 re: The United States asks that the Court excuse costly Federal Register publication of the single public comments submitted concerning the propsed Final Judgment as to Defendants Verlagsgruppe Georg von Holtzbrinck GmbH and Holtzbrinck Publishers, LLC d/b/a Macmillan (collectively, "Macmillan"), filed with the Court on February 8, 2013 (Docket No.174-1). The United States again proposes to publish the public comment it received on the Antitrust Division's website, in tandem with Federal Register publication of the internet address at which the public can read and download the comment. The United States conferred with counsel for Apple and Macmillan and neither opposes this motion. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/22/2013) (gr)

May 20, 2013

Transmission of USCA Mandate/Order to the District Judge re: 256 USCA Mandate. (tp)

FINAL JUDGMENT AS TO DEFENDANTS THE PENGUIN GROUP, A DIVISION OF PEARSON PLC, AND PENGUIN GROUP(USA), INC. in favor of Unites States of America against Penguin Group (USA), Inc., and The Penguin Group. (Signed by Judge Denise L. Cote on 5/17/13) (Attachments: # 1 Notice of Right to Appeal)(ml)

Letter addressed to Judge Denise L. Cote from Bob Kohn dated 5/10/2013 re: By letter dated April 30, 2013, I respectfully requested that the Court hold a hearing on the Plaintiff's Motion for Entry of Final Judgment regarding the Penguin Settlement and that the Court permit me to participate in oral argument at such hearing. ECF #217. In its reply earlier today (ECF #225), the Government made no objection to my request for such a hearing. In addition, given the nature of the Government's response, I respectfully reiterate such request (and apologize for the redundancy, as I have not yet seen an order granting or denying the request). Document filed by Bob Kohn.(lmb)

May 17, 2013

Transmission to Judgments and Orders Clerk. Transmitted re: 257 Order on Motion for Entry of Judgment under Rule 54(b), to the Judgments and Orders Clerk. (lmb)

ORDER granting 210 Motion for Entry of Judgment under Rule 54(b). There is no need for a hearing prior to making a determination on the Penguin Final Judgment. The September 5 Opinion comprehensively addresses the arguments raised by the Penguin Comments and Kohn's amicus curiae filing in opposition to the Penguin Final Judgment. The Court thus adopts by reference the reasoning of the September 5 Opinion and its relevant holdings, and finds that entry of final judgment as to Penguin is in the public interest. Accordingly, it is hereby ORDERED that the Government's April 18, 2013 motion for entry of the proposed Penguin Final Judgment is granted. (Signed by Judge Denise L. Cote on 5/17/2013) (lmb)

MANDATE of USCA (Certified Copy) as to 137 Notice of Appeal, filed by Bob Kohn USCA Case Number 12-4017. Appellee United States of America moves to dismiss for lack of standing Appellants appeal from the district courts denial of his motion to intervene under Rule 24(b) of the Federal Rules of CivilProcedure. Upon due consideration, it is hereby ORDERED that the motion, construed as also requesting summary affirmance of the district courts judgment, is GRANTED. We may review a district court order denying permissive intervention as a final order. Ionian Shipping Co. v. British Law Ins. Co., 426 F.2d 186, 189 (2d Cir. 1970). However, assuming arguendo that Appellant hasstanding to appeal the denial of his motion to intervene, the district court did not abuse its discretion in denying permissive intervention as Appellant did not satisfy the requirements of Rule 24(b). See H.L. Hayden Co. of N.Y., Inc. v. Siemens Med. Sys., Inc., 797 F.2d 85, 89 (2d Cir. 1986) (stating thatpermissive intervention pursuant to Rule 24(b) is discretionary with the trial court). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/17/2013. (tp)

Letter addressed to Judge Cote from Howard E. Heiss dated 5/15/2013 re: Amazon seeks to shield from public disclosure evidence that undermines Plaintiffs' case and Amazon's three supporting declarations. But Amazon does not come close to meeting the legal standards for sealing at trial. Apple respectfully submits that the Court should grant public access to this information by denying Amazon's extensive and disruptive redaction requests. Document filed by Apple, Inc., Apple Inc.(gr)

ORDER. By letters dated May 15, 2013, non-party Amazon seeks to redact portions of parties' pretrial filings. It is hereby ORDERED that a teleconference will be held on May 16, 2013 at 11 a.m. ( Telephone Conference set for 5/16/2013 at 11:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/15/2013) (gr)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/8/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)

May 15, 2013

250

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/8/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/16/2013.(Rodriguez, Somari)

ENDORSED LETTER addressed to Judge Cote from Howard E. Heiss dated 5/14/2013 re: We write on behalf of Apple. We request permission to file the nine documents listed, which are unaffected by Amazon's redactions, and await the Court's direction with respect to the filing of Apple's Proposed Findings of Fact and Pre-trial Memorandum. ENDORSEMENT: Apple may file the pre-trial papers as to which there have been no redaction requests. It may file the 2 documents as to which there are redaction requests in redacted form. The Court shall promptly review the requests. (Signed by Judge Denise L. Cote on 5/14/2013) (gr)

REPLY to Response to Motion re: 235 MOTION in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects.. Document filed by Unites States of America. (Fairchild, Stephen)

REPLY to Response to Motion re: 234 MOTION in Limine to Preclude Dr. Kevin Murphy from Offering at Trial Testimony on His Opinions #1-#3.. Document filed by Unites States of America. (Fairchild, Stephen)

ENDORSED LETTER addressed to Judge Cote from Lawrence E. Buterman dated 5/14/2013 re: Consistent with our May 13 letter to the Court, after conferring with Defendants and all third parties whose documents or data are referenced in Plaintiffs' pretrial papers, Plaintiffs have been informed that there are no confidentiality issues with respect to the following documents. Accordingly, Plaintiffs are prepared to immediately file the aforementioned documents on ECF, and respectfully request permission from the Court to do so. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/14/2013) (gr)

Letter addressed to Judge Denise L. Cote from Orin Snyder dated 5/13/2013 re: Instead, as my letter of earlier today states, Apple asks Your Honor only to order that where a third party's proposed redactions affect the public filing of the pre-trial submissions themselves, that party submit the relevant exhibits containing the purportedly confidential information to the Court. Document filed by Apple, Inc..(man)

ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 5/13/2013 re: Because Apple's proposed Order would result in an unnecessary delay in making the pretrial papers public, the United States respectfully requests that Apple's proposed Order be denied. Instead, the United States requests permission to identify to the Court within the next 24 hours any excerpts from its pretrial papers on which third parties are requesting redactions, or alternatively to inform the Court that no redactions are necessary and that the pretrial papers are ready to be filed publicly. ENDORSEMENT: Approved. All parties to the June 3 trial shall follow this procedure. (Signed by Judge Denise L. Cote on 5/13/2013) (rdz) Modified on 5/16/2013 (rdz).

Letter addressed to Judge Denise L. Cote from Orin Snyder dated 5/13/2013 re: Accordingly, Apple respectfully requests that the Court issue an order (1) directing all third parties that wish to redact portions of trial exhibits affecting the pre-trial submissions to submit to the Court such exhibits, in both clean copy and with proposed redactions highlighted in yellow, by a date specified by the Court, and (2) directing the litigating parties to submit redacted copies of their pre-trial submissions to the Court for public filing within twenty-four (24) hours of the Court's issuing an order redacting any third-party exhibit to the extent necessary to conform to the Court's order. Document filed by Apple, Inc..(rdz) Modified on 5/16/2013 (rdz).

ENDORSED LETTER addressed to Judge Denise Cote from Orin Snyder dated 5/10/2013 re: We represent Apple. Earlier this week, in response to our request, Your Honor kindly agreed to move the final pre-trial conference in the above-captioned matters to Thursday, May 23, at 2:30p.m. if all parties consented. All parties have graciously consented to the new date and time. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/10/2013) (mt)

ORDER: On April 15, 2013, the Court ordered that third parties seeking redaction of either documents or deposition excerpts which the parties are offering as evidence in their direct cases at trial must make any application by May 8. By letters dated May 3 and May 6, respectively, non-parties Google Inc. and Amazon.com, Inc. request an extension of the May 8 deadline and clarification of the non-parties' obligations pursuant to the April 15 order. It is hereby ORDERED that a teleconference to discuss these issues will be held on May 8, 2013 at 3:30 p.m. IT IS FURTHER ORDERED that the May 8 deadline for redaction requests is extended sine die. IT IS FURTHER ORDERED that coordinating counsel for the parties shall notify any non-parties affected by this Order of the May 8 teleconference. Counsel representing parties in any related litigation may also participate in this teleconference., ( Telephone Conference set for 5/8/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2013) (lmb)

Letter addressed to Judge Denise Cote from Bob Kohn dated 4/29/2013 re: I have filed today, through pro bono counsel, a Motion to File a proposed brief Amicus Curiae in response to the public comments filed by the Government in the above-referenced matter with respect to the proposed Final Judgment with the Penguin defendants...The Court's public interest determination in this matter is of great public concern and, since none of the parties will be opposing the settlement, qualified amicus should be allowed to address the Court.(mt)

ORDER: It is hereby ORDERED that, if the States wish to proceed on their Count IV state law claims, the States shall file by May 6, 2013 a supplemental brief providing, at minimum: (i) copies of any relevant state statutes in effect at the time of the alleged misconduct, (ii) citations to opinions, preferably from a state's highest court, describing the elements of the state law cause of action, and (iii) authority describing the extent to which any finding under Section 1 of the Sherman Act might affect those state law claims. IT IS FURTHER ORDERED that any responsive defendants' brief shall be filed by May 17, 2013., ( Brief due by 5/6/2013., Responses due by 5/17/2013.) (Signed by Judge Denise L. Cote on 4/29/2013) (lmb)

ORDER: By letter dated April 25, 2013, plaintiffs in the above-captioned actions inform the Court that they have executed a settlement agreement as to defendants Holtzbrinck Publishers, LLC d/b/a/ Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH (collectively, "Macmillan"). It is hereby ORDERED that plaintiffs shall file any motion for preliminary approval of a settlement as to Macmillan by May 24, 2013., ( Motions due by 5/24/2013.) (Signed by Judge Denise L. Cote on 4/26/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)

JOINT STIPULATION ADJOURNING PRE-TRIAL DEADLINES CONCERNING DEFENDANTS HOLTZBRINCK PUBLISHERS, LLC D/B/A MACMILLAN AND VERLAGSGRUPPE GEORG VON HOLTZBRINCK GMBH: The parties to this Joint Stipulation, by and through the undersigned counsel, hereby stipulate and agree as follows: Macmillan and VGvH will not participate as defendants in the Trial. The Pre-Trial Deadlines and all other existing and future deadlines and requirements pertaining to the Trial shall not apply to Macmillan or to VGvH, and shall not apply to Plaintiffs insofar as they concern Macmillan or VGvH, unless otherwise ordered by the Court. In the event that this Court does not approve any of the settlements between the U.S. Department of Justice, the plaintiff States, Macmillan, and VGvH, the parties to any such disapproved settlement shall meet and confer within ten (10) days of the Order disapproving the settlement to devise a plan for trial or other resolution of their claims to present to this Court for its approval. This Joint Stipulation is without prejudice to any claims by Plaintiffs against Macmillan and VGvH, and any defenses thereto, in the event that the Court does not approve one or more of the settlements between those parties, in whole or in part. (Signed by Judge Denise L. Cote on 4/26/2013) (lmb)

Letter addressed to Judge Cote from Daniel F. McInnis dated 4/13/2013 re: we write in support of, and joining, Apple's letter to the Court, dated 4/12/13, regarding the potentially inappropriate use of inadmissible non-party materials by the plaintiffs. Document filed by Penguin Group (USA), Inc.(gr)

ENDORSED LETTER addressed to Judge Denise L. Cote from Carrie A. Syme dated 4/4/2013 re: We write on behalf of the United States and Plaintiff States in the above-referenced matters to seek the Court's guidance regarding certain scheduling and logistical matters relating to the pre-trial filings due April 26, 2013. ENDORSEMENT: Any third party seeking redaction of either documents or deposition excerpts which the parties are offering as evidence in their direct cases at trial must make its application by 5/8/13. The expansion of page limits on memoranda is approved. The parties shall submit one paper and one electronic copy of exhibits., ( Motions due by 5/8/2013.) (Signed by Judge Denise L. Cote on 4/15/2013) (lmb) Modified on 4/17/2013 (lmb). Modified on 4/17/2013 (lmb).

ENDORSED LETTER addressed to Judge Denise L. Cote from Mark Ryan dated 3/29/2013 re: The United States asks that the Court excuse publication of the public comments in the Federal Register and, instead, allow comments to be posted on the Antitrust Division's website in conjunction with Federal Register publication of the internet address at which comments can be read and downloaded. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/29/2013) (lmb)

Letter addressed to Judge Cote from Apple (Orin Snyder) dated 3/13/2013 re: Tim Cook deposition. On behalf of Apple, we respectfully submit this letter to provide the Court with excerpts from the deposition of Eddie Cue, which was taken by the plaintiffs yesterday in Palo Alto. Document filed by Apple, Inc. (cr)

ORDER that for the reasons set forth on the record at the teleconference held in this action on 3/13/2013, it is hereby ORDERED that the Government's application to depose Apple's CEO, Tim Cook, is granted. (Signed by Judge Denise L. Cote on 3/13/2013) (gr)

ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 3/6/2013 re: The United States is submitting with its letter documents designated by Apple Inc. as "Confidential" pursuant to the Stipulated Protective Order dated May 9, 2012. ENDORSEMENT: All are approved, with one exception, the material on...5408 shall not be redacted. (Signed by Judge Denise L. Cote on 3/12/2013) (lmb)

ORDER: By letter dated March 6, 2013, plaintiff the United States of America requests the Court's assistance in settling a discovery dispute with defendant Apple as to the deposition of Apple CEO, Tim Cook. It is hereby ORDERED that a teleconference regarding the deposition of Mr. Cook will be held on March 13, 2013 at 11:30 a.m. Counsel representing parties in any related litigation may also participate in this teleconference. Telephone Conference set for 3/13/2013 at 11:30 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 3/7/2013) (ft)

ORDER: It is hereby ORDERED that defendant Apple's challenge to non-party Amazon's invocation of the attorney-client privilege is denied. IT IS FURTHER ORDERED that defendant Penguin's request not to participate in the June 2013 trial is denied. IT IS FURTHER ORDERED that Penguin shall provide its initial witness list by March 1, 2013. To the extent that Penguin wishes to file a motion (i) to assert its right not to defend against the lawsuit brought by plaintiff States at the June 2013 trial and/or (ii) to request to hear live direct testimony of two Penguin executives in exception to the Court's Individual Practices, that motion is due March 15, 2013. Opposition by plaintiff States and by any parties in related litigation is due March 29, 2013. Penguin's reply, if any, is due April 5, 2013. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. ( Motions due by 3/15/2013., Responses due by 3/29/2013., Replies due by 4/5/2013.) (Signed by Judge Denise L. Cote on 2/27/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb)

ORDER: It is hereby ORDERED that Apple's February 14 redaction requests and Amazon's February 19 redaction requests are denied. Apple and Amazon will be given an opportunity at the 4:30 p.m. Conference to explain why any of their proposed redactions should be made. IT IS FURTHER ORDERED that the Court will also discuss at the 4:30 p.m. Conference (i) class plaintiffs' discovery dispute with Penguin, and (ii) Penguin's participation in the June 2013 trial. (Signed by Judge Denise L. Cote on 2/25/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb)

ORDER: that the February 22 teleconferences are adjourned to February 26. The teleconference regarding the discovery dispute with Isaacson will be held on February 26 at 4:00 p.m. The teleconference regarding the discovery dispute with Amazon will be held on February 26 at 4:30 p.m. Counsel representing parties in any related litigation may also participate in these teleconferences. (Telephone Conference set for 2/26/2013 at 04:00 PM before Judge Denise L. Cote., Telephone Conference set for 2/26/2013 at 04:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/21/2013) (jcs)

ORDER: By letter dated February 14, 2013, defendant Apple, Inc. ("Apple") requests the Court's assistance in settling a discovery dispute with respect to non-party Amazon. Having reviewed Apple's February 14 letter and Amazon's letter in response dated February 19, it is hereby ORDERED that a teleconference regarding the discovery dispute with Amazon will be held on Friday, February 22 at 4:00 p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/20/2013) (jcs)

ORDER: By letter dated February 13, 2013, class plaintiffs request the Court's assistance in settling a discovery dispute with respect to non-party Walter Isaacson ("Isaacson"). Having reviewed class plaintiffs' February 13 letter and the letter in response submitted by counsel for Isaacson on February 18, it is hereby ORDERED that a teleconference regarding the discovery dispute with Isaacson will be held on Friday, February 22 at 3:30p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jcs)

ORDER: that the Government shall file with the Court the public comments it receives and any response by May 30, 2013. IT IS FURTHER ORDERED that the Government shall file any motion with respect to a proposed final judgment as to Macmillan by June 13, 2013. Any submissions in response to this motion by a party in the above-captioned action or any related litigation shall be filed by June 27, 2013. The Government shall file any reply by July 8, 2013. (Motions due by 6/13/2013, Responses due by 6/27/2013, Replies due by 7/8/2013.) (Signed by Judge Denise L. Cote on 02/19/2013) (jcs)

ORDER GRANTING MOTION TO WITHDRAW ATTORNEY APPEARANCE: in case 1:11-cv-05576-DLC; granting (282) Motion to Withdraw as Attorney. BEFORE THE COURT is a Motion by Hollis Salzman, Kellie Lerner and Bernard Persky to withdraw their appearances as Counsel for Plaintiffs. The motion is GRANTED. Hollis Salzman, Kellie Lerner and Bernard Persky shall be removed as attorneys for Plaintiffs. I direct the clerk to terminate all ECF noticing for them in the above referenced action.(Signed by Judge Denise L. Cote on 2/15/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ama)

ORDER: It is hereby ordered that the Government shall submit by February 15, 2013 a proposed schedule to govern any motion with respect to the Proposed Final Judgment. So Ordered (Signed by Judge Denise L. Cote on 2/8/2013) (js)

NOTICE of Stipulation Concerning Entry of Proposed Final Judgment as to Macmillan Defendants After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Text of Proposed Order Proposed Final Judgment as to Macmillan Defendants)(Fairchild, Stephen)

ORDER FOR ADMISSION PRO HAC VICE: that Carolyn Estelle Hadgikosti Perez is admitted to practice Pro Hac Vice for all purposes as counsel for Defendant Penguin Group (USA), Inc., in the above-captioned case in the United States District Court for the Southern District of New York. Granted. Attorney Carolyn Hadgikosti Perez for Penguin Group (USA), Inc. admitted Pro Hac Vice. (Signed by Judge Denise L. Cote on 1/24/2013) (pl) Modified on 1/24/2013 (pl).

ENDORSED LETTER addressed to Judge Denise L. Cote from Jeffrey B. Dubner dated 1/14/13 re: Counsel writes to request that the conference scheduled for January 17 be taken off the calendar. ENDORSEMENT: The conference is cancelled. (Signed by Judge Denise L. Cote on 1/14/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro)

ORDER: By letter dated January 7, 2013, class plaintiffs request the Court's assistance in enforcing a subpoena served by plaintiffs on non-party Baker & Taylor, Inc. ("Baker & Taylor") It is hereby ORDERED that a teleconference regarding the enforcement of the Baker & Taylor subpoena will be held on Thursday, January 17 at 3:30 p.m. IT IS FURTHER ORDERED that class plaintiffs and Baker & Taylor shall confer with each other in advance of the January 17 teleconference. Counsel representing parties in any related litigation may also participate in the teleconference., ( Telephone Conference set for 1/17/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)

ORDER: On January 3, 2013, plaintiff the United States of America (the "Government") filed a proposed schedule to govern further proceedings with respect to the proposed final judgment as to defendants The Penguin Group, a division of Pearson PLC and Penguin Group (USA), Inc. ("Penguin Defendants"). It is hereby ORDERED that the Government shall file with the Court the public comments it receives and any response by April 5, 2013. IT IS FURTHER ORDERED that the Government shall file any motion with respect to a proposed final judgment as to Penguin Defendants by April 19, 2013. Any submissions in response to this motion by a party in the above-captioned action or any related litigation shall be filed by May 3, 2013. The Government shall file any reply by May 10, 2013., ( Motions due by 4/19/2013., Responses due by 5/3/2013., Replies due by 5/10/2013.) (Signed by Judge Denise L. Cote on 1/7/2013) (lmb)

JOINT STIPULATION AND ORDER REGARDING DATE FOR EXCHANGE OF TRIAL WITNESS LISTS: WHEREAS, Attachment A to the Revised Joint Initial Report, entered on July 6, 2012,currently sets a date of December 18,2012 for the exchange of initial trial witness lists between the parties (Docket No. 111-1 ); WHEREAS, such date was mutually agreed to by the parties; NOW, THEREFORE, the parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate that the date for exchange of initial trial witness lists for the trial commencing June 3, 2013 shall be changed to February 15, 2013. For the avoidance of doubt, this stipulation does not pertain to the trial in the class litigation, In re Electronic Books Antitrust Litigation, 11-md-02293, or to any trial on damages in the States' action, State of Texas et al. v. Penguin Group (USA), Inc. et al., 12-cv-03394. (Signed by Judge Denise L. Cote on 12/19/12) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(ago) Modified on 12/26/2012 (ago).

ORDER: Plaintiff the United States of America (the "Government")having filed today a (1) Stipulation concerning entry of a proposed final judgment as to defendants The Penguin Group, a division of Pearson PLC and Penguin Group (USA), Inc. ("Proposed Final Judgment") after compliance with the APPA; and (2) Competitive Impact Statement, it is hereby ORDERED that the Government shall submit by January 3, 2013 a proposed schedule to govern any motion with respect to the Proposed Final Judgment. (Signed by Judge Denise L. Cote on 12/19/2012) (ago)

NOTICE of Stipulation Concerning Entry of Proposed Final Judgment as to Penguin Defendants After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Exhibit Proposed Final Judgment as to Penguin Defendants)(Fairchild, Stephen)

Minute Entry for proceedings held before Judge Denise L. Cote with counsel for the Government and Apple defendant and with Barnes & Noble defendant. Telephone Conference held on 11/26/2012. (Court Reporter Rose Prater) (gr)

JOINT STIPULATION AND ORDER REGARDING REVISED SCHEDULE FOR EXPERT DISCOVERY. The parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate: 1. The date for disclosure of expert identities and general subject matters shall be changed from November 16, 2012 to November 30, 2012; 2. The date for service of opening expert reports shall be changed from January 25, 2013 to February 8, 2013; 3. The date for service of rebuttal expert reports shall be changed from February 15, 2013 to March 1, 2013; and 4. The date for the close of expert discovery shall be changed from March 22, 2013 to March 29, 2013. (Expert Discovery due by 3/29/2013.) (Signed by Judge Denise L. Cote on 11/19/2012) (rjm)

ORDER. It is hereby ORDERED that a teleconference regarding the discovery dispute with Apple will be held on Monday, November 26 at 3:00 p.m. IT IS FURTHER ORDERED that a teleconference regarding the discovery dispute with Barnes & Noble, Inc. will be held on Monday, November 26 at 3:30 p.m. Counsel representing parties in any related litigation may also participate in the teleconferences. (Telephone Conference set for 11/26/2012 at 03:00 PM before Judge Denise L. Cote. Telephone Conference set for 11/26/2012 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/19/2012) (rjm)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 10/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)

November 14, 2012

155

Redaction of (72 in 1:11-cv-06019-DLC, 49 in 1:11-cv-09567-DLC, 68 in 1:11-cv-09564-DLC, 110 in 1:11-cv-09016-DLC, 54 in 1:11-cv-09562-DLC, 68 in 1:11-cv-09566-DLC, 62 in 1:11-cv-09559-DLC, 61 in 1:11-cv-09565-DLC, 79 in 1:11-cv-05609-DLC, 95 in 1:11-cv-05707-DLC, 54 in 1:12-cv-06625-DLC, 96 in 1:11-cv-05576-DLC, 78 in 1:11-cv-05750-DLC, 67 in 1:11-cv-05976-DLC, 54 in 1:11-cv-08329-DLC, 70 in 1:11-cv-07507-DLC, 58 in 1:11-cv-09561-DLC, 65 in 1:11-cv-06079-DLC, 73 in 1:11-cv-09014-DLC, 40 in 1:12-cv-00476-DLC, 56 in 1:11-cv-08608-DLC, 67 in 1:11-cv-05898-DLC, 147 in 1:12-cv-02826-DLC, 61 in 1:11-cv-07534-DLC, 68 in 1:11-cv-05896-DLC, 256 in 1:11-md-02293-DLC, 60 in 1:11-cv-07323-DLC, 58 in 1:11-cv-09560-DLC, 95 in 1:11-cv-05621-DLC, 129 in 1:12-cv-03394-DLC, 62 in 1:11-cv-09563-DLC) Transcript,, Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)

Letter addressed to Judge Denise L. Cote from Orin Snyder dated 10/25/2012 re: Non-settling parties propose that class certification briefing be postponed until after the conclusion of the trial in this matter. (ad)

Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/18/2012 re: Apple opposes DOJ's request for an extension of the trial date from early June to 9/2013. Document filed by Apple, Inc.(ad)

Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 10/17/2012 re: The United States request that the Court extend the cutoff for fact and expert discovery until 6/21/2013, and adjust all remaining dates accordingly. (ad)

Letter addressed to Judge Denise L. Cote from Andrew J. Frackman dated 10/15/2012 re: Position on the remaining issues arising from Defendants' 7/6 subpoena to Amazon, as further set forth in this document. Document filed by Apple, Inc..(ad)

TRANSCRIPT of Proceedings re: conference held on 10/9/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)

ORDER. The three above-captioned actions are related. It is hereby ORDERED that the Clerk of Court shall assign In re: Amazon.com, 12 MC 351 (DLC), for all purposes to this Court's docket. (Signed by Judge Denise L. Cote on 10/19/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(rjm)

ORDER. It is hereby ORDERED that all non-settling parties shall confer with respect to a deposition schedule that would permit the June 3 trial to proceed as scheduled. The parties shall provide a joint submission reflecting this proposed schedule to the Court no later than noon on October 25, 2012. IT IS FURTHER ORDERED that a teleconference will be held on October 26, 2012 at 11:00 a.m. (Telephone Conference set for 10/26/2012 at 11:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/19/2012) (rjm)

Letter addressed to Judge Denise L. Cote from Joel M. Mitnick dated 10/17/2012 re: I write on behalf of defendants Holtzbrinck Publishers, LLC d/b/a Macmillan ("Macmillan") and Verlagsgruppe Georg von Holtzbrinck GmbH ("VGvH") in response to the letters submitted on October 15, 2012 by the Department of Justice and the Plaintiff States. At a conference with all parties on October 9, 2012, Your Honor directed the Department of Justice and the Plaintiff States to provide the Court and Defendants with a clear statement as to whether they plan to challenge the bona fides of the agency distribution contracts between the Publisher Defendants and Apple for the distribution of each Publisher Defendant's trade eBooks in the United States. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(rjm)

Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/17/2012 re: This letter will respond to the letters dated October 15, 2012 from the Department of Justice and the Plaintiff States setting forth their positions as to whether the bilateral agency agreements between Apple and the defendant book publishers established genuine agency relationships. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(rjm)

Letter addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 10/15/2012 re: On the October 9, 2012 conference call with the Court, counsel for Penguin and Macmillan suggested that before they could disavow an Illinois Brick defense to the putative class claims, they required the United States to provide an answer to an agency-related request for admission that Apple had served on the United States. (rjm)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/10/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)

October 12, 2012

138

TRANSCRIPT of Proceedings re: CONFERNCE held on 9/10/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)

NOTICE OF APPEAL from 136 Memorandum & Opinion. Document filed by Bob Kohn. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit Order Denying Bob Kohn's Motion to Intervene)(Brower, Steven)

ENDORSED LETTER addressed to Judge Denise L. Cote from Mark W. Ryan dated 9/21/2012 re: Counsel requests that the Court order Apple to begin document production immediately and complete production by no later than October 19, 2012. ENDORSEMENT: The parties shall discuss any remaining objections that Apple has to the requested document production and the date by which Apple's document production shall be substantially complete. If any disputes remain unresolved after these discussions, a telephone conference will be held on October 4 at 10:00 am. (Telephone Conference set for 10/4/2012 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/25/2012) (ft)

AMENDED REPLY MEMORANDUM OF LAW in Support re: 114 MOTION to Intervene for Purposes of Appeal. (pursuant to clerk's notation requesting refiling to comply with typeface rules). Document filed by Bob Kohn. (Brower, Steven)

September 21, 2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Brower to RE-FILE Document 130 Reply Memorandum of Law in Support of Motion. ERROR(S): Rejected for non-conformance with Local Civil Rules 7.1(a)(2) and 11.1(b). (db)

Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 9/20/2012 re: Class Plaintiffs write in response to Penguin's letter of September 19, 2012. Penguin's request to delay class certification is unwarranted. Penguin made no effort to confer with Class Plaintiffs or the Litigating States before contacting the Co mi. Had Penguin done so, it may not have caused the Court to expend resources on this issue. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jfe)

ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew J. Frackman dated 9/17/2012 re: Counsel writes in response to Amazon's September 14 letter. We disagree with Amazon and believe the case authority shows that this Court, where the MDL is pending, has jurisdiction over discovery disputes. We enclose a courtesy copy of the notice we have filed in the Western District of Washington that sets forth the relevant case authority. ENDORSEMENT: This Court shall promptly address the discovery dispute in the event it is transferred form the Western District of Washington. (Signed by Judge Denise L. Cote on 9/18/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC (djc)

Letter addressed to Judge Denise L. Cote from Daniel Ferrel Mcinnis dated 9/13/2012 re: Counsel writes to follow up regarding Exhibit A to Penguin's Observations with Respect to the Government's Response to Public Comments and Motion For Entry of Final Judgment (DE 103). Document filed by Penguin Group (USA), Inc., The Penguin Group.(ft)

Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 9/13/2012 re: Counsel writes to object to Apple's discovery request because it calls for the production of protected attorney work product. Document filed by Unites States of America.(ft)

Letter addressed to Judge Denise Cote from Bob Kohn dated 9/12/2012 re: Last evening, I received a copy of your honor's Order dated September 10, 2012, regarding my motions to intervene for the sole purpose of appeal and to stay the Final Judgment. I am writing to respectfully request that you promptly take one of the following actions. Document filed by Bob Kohn.(ama)

ORDER: Set Deadlines/Hearing as to 114 MOTION to Intervene for Purposes of Appeal. Responses due by 9/17/2012, Replies, if any, due by 9/20/2012 and that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. The motion to stay is denied. (Signed by Judge Denise L. Cote on 9/10/2012) (cd)

ORDER: It is hereby ORDERED that a telephone conference regarding the August 29 motion will be held on September 10, 2012 at 4:00 P.M. IT IS FURTHER ORDERED that any parties in the above-captioned actions who wish to appear at the September 10 telephone conference shall contact the offices of plaintiff states' liaison counsel, Rebecca Fisher, the State of Texas Attorney General's Office, P.O. Box 12548, Austin, TX 78711, 512-463-1265. ( Telephone Conference set for 9/10/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/6/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(jfe)

OPINION AND ORDER re: #102322 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h), filed by Unites States of America. Plaintiff the United States of America (the "Government") brings this civil antitrust action against defendants Apple, Inc. (Apple); Hachette Book Group, Inc. (Hachette); HarperCollins Publishers L.L.C. (HarperCollins); Verlagsgruppe Georg Von Holtzbrinck GMBH and Holtzbrinck Publishers, LLC d/b/a MacMillan (collectively, MacMillan); The Penguin Group, a division of Pearson PLC and Penguin Group (USA), Inc. (collectively, Penguin); and Simon & Schuster, Inc. (Simon & Schuster). The Government has moved for entry of a proposed Final Judgment with respect to defendants Hachette, HarperCollins, and Simon & Schuster (the Settling Defendants), pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) (the APPA or Tunney Act). For the following reasons, the motion for entry of Final Judgment is granted. The Government's August 3, 2012 motion for entry of the proposed Final Judgment is granted. (Signed by Judge Denise L. Cote on 9/5/2012) (ja) Modified on 9/6/2012 (ad). Modified on 9/11/2012 (jab).

Letter addressed to Judge Denise Cote from Simon Lipskar, President Writers House dated 8/10/2012 re: As you are likely aware, I sent a fairly extensive comment to the Department of Justice regarding the proposed settlement in the ebook pricing case. As the time draws near for you to render your judgment as to whether this settlement is in the public interest, I felt that it behooved me to write directly to you to express how profoundly the government had failed to address the objections raised to the settlement in its response to the Tunney Act comments. I apologize in advance for weighing down your desk with even more paper related to this highly contentious - but critically important- matter. (ama)

ORDER granting 96 Motion to File Amicus Brief; granting 100 Motion to File Amicus Brief. The August 13, 2012 and August 15, 2012 motions by Kohn and the Authors Guild for leave to file amicus curiae responses to DOJ's Tunney Act filings are granted. The Authors Guild's proposed response is accepted. Any amicus curiae response by Kohn must be submitted by September 4, 2012 and must not exceed five pages in length. (Signed by Judge Denise L. Cote on 8/28/2012) (jfe) Modified on 9/6/2012 (jfe).

ORDER: that any corrections or observations by Apple that pertain to the Government's Response and motion remain limited to five pages. Apple was required to set forth its analysis of any "substantive deficiencies in the proposed settlement" in its submission during the public comment period. In reviewing the Government's motion, the Court will consider Apple's nine page public comment as well as any submission it makes on August 15. IT IS FURTHER ORDERED that the Court will inform the parties after the motion is fully submitted whether either oral argument or a hearing on the motion would be of assistance to the Court. (Signed by Judge Denise L. Cote on 8/7/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl)

MEMORANDUM OPINION & ORDER re: #102195 85 MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment filed by American Booksellers Association, Inc., Barnes & Noble, Inc. The August 1, 2012 motion submitted by the ABA and Barnes & Noble for leave to file amici curiae responses to DoJ's Tunney Act filings is granted. The submission from the ABA and Barnes & Noble in support of the August 1 motion will be accepted as amici curiae response to the DoJ's Tunney Act filings. No additional filings from the ABA and Barnes & Noble shall be permitted. (Signed by Judge Denise L. Cote on 8/6/2012) (lmb) Modified on 8/15/2012 (jab).

MEMORANDUM OF LAW in Support re: 85 MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment.. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc.. (Wynn, David)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/22/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)

July 12, 2012

78

TRANSCRIPT of Proceedings re: CONFERNCE held on 6/22/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2012. Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set for 10/15/2012.(McGuirk, Kelly)

ORDER: It is hereby ordered that the stay in this litigation as to defendant Hachette Digital, Inc. is extended from July 11, 2011 to August 10, 2012. (Signed by Judge Denise L. Cote on 7/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(js)

Letter addressed to Judge Denise L Cote from Gabriel R Gervey and Gary Becker dated 6/26/2012 re: Plaintiff states are aenable to a bench trial. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)

June 26, 2012

73

Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 6/20/12 re: The United States believes that discovery should proceed without delay and that the resolution of the United States' claims need not be combined with trials in the other sets of cases. Document filed by Unites States of America.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro)

ORDER: With respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: see order. A copy shall simultaneously be delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court. No e-mailed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)

SCHEDULING ORDER: Amended Initial Report due by 7/6/20121. Government shall file any motion with respect to a proposed final judgment in 12cv2826 by 8/3/2012, Responses due by 8/15/2012, replies due by 8/22/2012. Fact Discovery due by 3/22/2012. Expert Discovery due by 3/22/2012. The plaintiffs in 12cv3394 shall submit by 8/20/2012, any motion for preliminary approval of any settlement agreement. Any motion to certify class in 11MD2293 must be submitted by 11/16/2012. The defendants' opposition due by 12/14/2012. Plaintiffs' reply due by 1/18/2012. Joint pretrial order due by 4/26/2013 in 12cv2826. Motions in limine in 12cv2826 are due by 4/26/2012, responses due by 5/3/2012, replies due by 5/8/2012. Final pretrial conference in 12cv2826 is scheduled for 5/24/2013 at 2:00 p.m. in Courtroom 15B, 500 Pearl Street. Trial in 12cv2826 will begin on 6/3/2013 at 9:30 a.m. Any motion for summary judgment in the above listed actions in 11MD2293 or 12cv3394 must be served by 9/13/2013, any opposition served by 10/4/2012, any reply due by 10/18/2012. All other deadlines are as set forth in this order. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)

Letter addressed to Judge Denise L Cote from Mark W Ryan dated 6/20/2012 re: Discovery should proceed without delay and the resolution of the United States' claims need not be combined with trials in the other set of cases. Document filed by Unites States of America. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)

NOTICE of Executed Waivers of Service by Defendants. Document filed by Unites States of America. (Attachments: # 1 Waiver of Service by Apple, Inc., # 2 Waiver of Service by Hachette Book Group, Inc., # 3 Waiver of Service by HarperCollins Publishers L.L.C., # 4 Waiver of Service by Verlagsgruppe Georg von Holtzbrinck GmbH, # 5 Waiver of Service by Holtzbrinck Publishers, LLC d/b/a Macmillan, # 6 Waiver of Service by The Penguin Group, A Division of Pearson PLC, # 7 Waiver of Service by Penguin Group (USA), Inc., # 8 Waiver of Service by Simon & Schuster, Inc.)(Buterman, Lawrence)

ENDORSED LETTER addressed to Judge Denise L Cote from Daniel McCuaig dated 6/7/2012 re: Accordingly, tl1e United States asks that the Court excuse publication of the public comments in the Federal Register and, instead, allow comments to be posted on the Antitrust Division website in conjunction with Federal Register publication of the internet address at which comments can be read and downloaded. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/11/2012) (cd)

NOTICE OF CHANGE OF ADDRESS by Carrie Ann Syme on behalf of Unites States of America. New Address: United States Department of Justice, Antitrust Division, 26 Federal Plaza, Room 3630, New York, NY, US 10278, (212) 335-8036. (Syme, Carrie)

ORDER STAYING CASE until 7/11/2012 as to defendants HarperCollins Publishers, Hachette Book Group, Inc, Hachette Digital Inc. (settling defendants), and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/1/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)

ORDER: ORDERED that, unless Penguin advises the Court by April 30, 2012 that it wishes its March 2 motion to stay proceedings and compel arbitration to be addressed, the motion will be deemed withdrawn. IT IS FURTHER ORDERED that in the event Penguin files a renewed motion to arbitrate, any party opposing the motion may present any arguments that are appropriate, including that Penguin has waived its right to arbitrate. (Signed by Judge Denise L. Cote on 4/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc)

CASE MANAGEMENT ORDER: It is hereby ORDERED as follows: 1. Any application by Penguin Group USA, Inc. to withdraw its Motion to Compel Arbitration and Stay Proceedings must be submitted by April 27, 2012. 2. The Government and defendants Hachette Book Group, Inc.; HarperCollins Publishers L.L.C.; and Simon & Schuster, Inc. (collectively, the "Settling Parties") shall submit a proposed order for a stay by April 30, 2012. 3. The Government shall file any motion with respect to a proposed final judgment by July 27. Any submissions in response to this motion by a party in one of the above-captioned actions shall be filed by August 8, 2012, and shall not exceed 5 pages. The limit of 10 pages described at the conference is hereby reduced to 5 pages. The Government shall have until August 15, 2012 to file any reply. IT IS FURTHER ORDERED that a conference in these actions, and any related actions subsequently accepted by this Court, will be held on June 22, 2012 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. IT IS FURTHER ORDERED that prior to the June 22, 2012 conference, the parties in these actions, and any related actions subsequently accepted by this Court, shall submit to the Court a proposal for coordinated discovery and a proposed confidentiality agreement. Motions due by 7/27/2012. Responses due by 8/8/2012. Replies due by 8/15/2012. Status Conference set for 6/22/2012 at 02:30 PM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/23/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm)

ORDER: Conference set for 4/18/2012 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Counsel representing parties in any related litigation, including The State of Texas, et al. vs Penquin Group (USA) Inc., et al., 12 CV 0324(W.D. TX), may also attend. Counsel for the defendants are requested to notify the plaintiffs in any related action of this Order. (Signed by Judge Denise L. Cote on 4/12/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)

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